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Madras High CourtCRL OP/15950/2015disposed of

K.Malathy v. The Inspector Of Police

2016-02-25Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.15950 of 2015 K.Malathy

...Petitioner

Vs.

State By The Inspector of Police B-1,Thiruvallur Town Police Station Thiruvallur.

...Respondent

Prayer:

Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondent police to secure the accused/Husband namely D.Mithun Chander, S/o.N.Dakshinamurthy in C.C.No.1128 of 2012 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai.

For Petitioner :Mrs.Shaikh Mehrunisa For Respondents :Mr.C.Emalias Additional Public Prosecutor

O R D E R

The petitioner has come forward with this petition seeking for a direction, directing the respondent police to secure the accused/Husband namely D.Mithun Chander, S/o.N.Dakshinamurthy in C.C.No.1128 of 2012 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai.

2.The learned counsel for the petitioner would submit that the petitioner has filed a petition, seeking maintenance in C.C.No.1128 of 2012 on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and the learned Magistrate passed the final order dated 25.07.2014, granting maintenance of Rs.3,000/- per month from the date of petition i.e., 22.03.2012 to the petitioner/wife and her minor son. But, the husband has not paid the amount fully. Hence, she has filed a petition and pursuant to the same, a non bailable warrant dated 20.04.2015 was issued against the husband for non-compliance of the order and the same is pending. He further submitted that the respondent herein has not shown any interest to execute the https://hcservices.ecourts.gov.in/hcservices/

warrant. Hence, this petition has been filed for the above stated relief.

3.Considering the submissions made by the learned counsel appearing for the petitioner, the respondent is directed to execute the warrant as expeditiously as possible. With the above direction, this Criminal Original Petition is disposed of.

mps s/d- Assistant Registrar(CS-VII) True Copy Sub-Assistant Registrar To 1.The X Metropolitan Magistrate, Egmore, Chennai.

2.Do thro the Chief Metropolitan Magistrate, Egmore, Chennai 3.The Inspector of Police, B-1,Thiruvallur Town Police Station, Thiruvallur.

4.The Additional Public Prosecutor, Madras High Court, Madras.

mg(co) prk28/3 Crl.O.P.No.15950 of 2015 https://hcservices.ecourts.gov.in/hcservices/